Criminal Appeal against acquittal in a cheque bouncing case dismissed for non-prosecution as the appellant failed to appear or proceed with the matter after repeated adjournments.
Appeal dismissed for non-prosecution.
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CRL.A No. 100183 of 2014
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL APPEAL NO. 100183 OF 2014 (A-)
BETWEEN:
ADIVEPPA S/O. SHANKAR KADGOUDAR, AGE: 43 YEARS, OCC: AGRICULTURE & BUSINESS, R/O. YALLAPUR,TQ: HUKKERI, DIST: BELGAUM-590001.
…PETITIONER
(BY SRI. P. S. TIGADIKAR., ADVOCATE)
AND:
ABDULRAZAK S/O. IMAMSAHEB YARGATTI, AGE: 42 YEARS, OCC: BUSINESS, R/O. MOMIN GALLI, PACHAPURE, TQ: HUKKERI, DIST: BELGAUM.
…RESPONDENT
(BY SRI. MRUTYUNJAY TATA BANGI., ADVOCATE)
THIS CRIMINAL APPEAL IS FILED U/S 378(4) R/W 401 OF CR.P.C. SEEKING TO SET ASIDE THE ORDER OF ACQUITTAL DATED 22.07.2014 PASSED IN C.C NO.627/2012 ON THE FILE OF CIVIL JUDGE & JMFC HUKKERI AND ACCORDINGLY CONVICT THE RESPONDENT FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT BY ALLOWING THE APPEAL TO MEET.
THIS PETITION COMING ON FOR HEARING THIS DAY. THE COURT MADE THE FOLLOWING.
CRL.A No. 100183 of 2014
ORDER
A submission made on behalf of Sri. Shivaraj S. Ballolli, learned counsel for the appellant that he has already issued ‘NOC’ vakalath and learned counsel Sri.P. S. Tigadikar has filed vakalat and as such the name of learned counsels Sri. Shivaraj S. Balloli and Sri. Ramesh I. Zirali is to be deleted. Hence, office is directed to not to show the name of learned counsels Sri. Shivaraj S. Balloli and Sri. Ramesh Zirali for appellant.
No representation for the appellant.
On 06.09.2021 adjournment was granted as a last
chance. Already sufficient time is granted for the appellant to address his arguments. It appears that appellant is not interested in proceeding with the matter. Hence, appeal is dismissed for non prosecution.
Sd/JUDGE
PJ
List No.: 1 Sl No.: 44
Adiveppa S/O. Shankar Kadgoudar
Abdulrazak S/O. Imamsaheb Yargatti
J.M. Khazi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
